Legal Question in Landlord & Tenant Law in California

my brother in law and his family live in the other half of my mother in laws duplx and his son and pregnant girfriend live in my back room there son is a drug dealer and i want all them out none of them pay rent they just help on utilitys but no extra money for rent they have lived here 7 plus years is a 30 day pay or quit good enough i live in parlier califronia i want them all evicted there is 4 people living in my one bedroom apartment a two in a backroom detached from main building want all gone


Asked on 8/28/10, 8:59 pm

1 Answer from Attorneys
Melanie Butler The Law Office of Melanie M. Butler

Tenants (or subtenants) who have occupied the premises for over 1 year are entitled to a 60 day notice. If there was an oral or written lease agreement between you and these individuals, then you may be able to serve them with a 3 day notice to pay or quit. However, if there was never any agreement that they were required to pay a certain amount of rent, you will have to serve them with a 60 day notice.

You stated that the son is a drug dealer. If he is bringing drug activity to the premises, you can serve them with a 3 day nuisance notice. Regardless of the type of notice you serve, if they don't leave, you'll have to file an unlawful detainer to oust them.

It's not clear to me whether you are the landlord or you are a tenant. If you are a tenant, you may want to solicit your landlord's assistance in evicting these individuals.

DISCLAIMER: This response is for informational purposes only and does not form an attorney-client relationship. It represents only the educated opinion of the author. It should not be relied upon as legal advice. The response is based on the limited facts provided, and might change given additional or different facts.

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Answered on 9/03/10, 5:49 am


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